Hong Kong Case Law: Decisions & Judgments

Topic

Detention and removal

Legal area

Court

5 Mar 2019

PA v. DIRECTOR OF IMMIRGRATION

Citation

[2019] HKCFI 599
Court

Court of First Instance
Case number

HCAL1668/2018

The judge exercised case management discretion to advance the rolled-up hearing to 22 May 2019 at 10:00 am, rejecting the applicant's proposal to fix the hearing according to the applicant's diary only and requiring consideration of both parties' and the court's diaries; the question of whether the removal was unlawful and any order facilitating return is to be determined at the re-fixed rolled-up hearing.
13 Dec 2002

LAU FONG v. THE DIRECTOR OF IMMIGRATION

Citation

LAU FONG v. THE DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV287/2000

Appeal allowed: following the Court of Final Appeal in Gurung the court held s11(10) does not operate to deprive a non-permanent resident of an existing permission to stay when exercising the right to travel; the Director could not treat the applicant as having lost her status or detain and remove her under the impugned powers without first using the statutory procedures (eg s11(6) or s19) which afford a means of challenge, therefore the refusal to land, the detention authorisation and the removal decision were unlawful and must be set aside.
11 Jul 1995

Re SUN YEUNG BIN，EX PARTE

Citation

Re SUN YEUNG BIN，EX PARTE
Court

Court of First Instance
Case number

HCMP899/1995

Application for certiorari was refused: under existing authority the Director was not required to give reasons for refusing the change of status and, on the material before the court (forensic opinion and consular enquiries indicating the arrival chop was forged and the passport not issued to the applicant), the Director would inevitably reach the same decision on reconsideration; accordingly relief would be futile and is denied, with costs ordered against the applicant.

Hong Kong Case Law

PA v. DIRECTOR OF IMMIRGRATION

LAU FONG v. THE DIRECTOR OF IMMIGRATION

Re SUN YEUNG BIN，EX PARTE